Topic
secured transactions
87 published works
China Law Insight
见微知著：民法典语境下谈金融资管业务（四）——保证制度修订要点解析（下）
By King & Wood
关于《民法典》对保证制度的重点修改及其背后法理基础和实践应用，上篇我们主要探讨了《民法典》项下保证人主体资格、保证方式没有约定或约定不明时的推定规则、一般保证人先诉抗辩权例外的条文变化。下篇我们将从最高额保证制度、约定不明时的保证期间、一般保证债务诉讼时效起算点、主债权转让时对保证人的通知义务、保证人代位权等方面进一步探讨《民法典》相比《担保法》、《最高人民法院关于适用〈中华人民共和国担保法〉若干问题的解释》（法释[2000]44号，以下简称“《担保法解释》”）等而言对保证制度的修订与完善。
Finance & Bankruptcy Law Blog
Ninth Circuit Affirms that Liens Pass Through Bankruptcy Even if Underlying Claim is Disallowed
The Ninth Circuit on June 1 affirmed a key bankruptcy principle that liens may survive and “pass through” the bankruptcy process even if the underlying claim secured by the lien…
Dickinson Law News
Iowa Supreme Court Rules Secured Creditor Entitled to Refund for Co-op Storage and Drying Costs
By estaudacherdickinsonlaw-com-dickinson-mackaman
On April 17, 2020, the Iowa Supreme Court issued a ruling in MidWestOne Bank v. Heartland Co-op regarding competing claims by a secured lender and a grain elevator for the…
Manufacturing Industry Advisor
Uniform Commercial Code Protections Affecting Vendor Claims: Purchase Money Security Interests and Reclamation
Dealing with a financially distressed customer requires both vigilance and creativity. Vigilance is critical because closely monitoring a customer’s payment history and overall financial situation will signal whether a vendor…
DLA Piper Latin America – Law Blog
Secured creditors and Colombia’s insolvency proceedings
By DLA Piper
By: Nicolás Polanía Tello The enactment of Law 1676 of 2013 (Secured Interest Law) in the context of insolvency proceedings − reorganization and liquidation − has substantially restated the legal scope…
Wisconsin Business Law Blog
Can a Financing Statement Rely on a Separate Document for the Description of Collateral?
This article, appearing in the March 20, 2019 Business Law Blog of the State Bar of Wisconsin, is brought to you through the consent of the following author, together with…
NextGen Financial Services Report
The Extraordinary Rights of Non-Ordinary Course Buyers
Article 9 of the Uniform Commercial Code (“UCC”) has become highly technical, reflecting the complexity of modern secured transactions and the intricate relationships of debtors, secured parties and others who…
Legal Writing Prof Blog
The John Marshall Law School in Chicago Seeks Spring 2019 Full-Time Faculty Podium Visitors
Spring 2019 Full-Time Faculty Podium VisitorsHere's a reminder that the John Marshall Law School in Chicago is looking for one or two full-time visiting faculty members for the Spring 2019…
Agricultural Law and Taxation Blog
What Are “Proceeds” of Crops and Livestock?
OverviewThe vast majority of agricultural businesses depend on financing to buy crop inputs, machinery, equipment, livestock and land. For financed purchased items other than land, the lender will obtain in…
Restructuring Globalview
Secured creditors – don’t be too involved with your customer’s administration!
By Stephanie Hadley, Devinder Singh
The case of Davey v Money and Anor (2018) EWHC 766 (Ch) should serve as a gentle warning to secured creditors to be aware of the level of their involvement…